The Difference Between a Fixture and a Chattel

by Tara Zacharias

What to Know About Fixtures and Chattels when Buying or Selling a Home

When you’re buying or selling a home, one of the most common areas of confusion is chattels. What exactly are they, and what makes them different from the permanent features of a property? Understanding this can help you avoid surprises during negotiations or closing.

What Are Chattels?

In real estate, chattels are items of personal property that are not permanently attached to the home or land. They can be moved without causing damage and are generally not included in the sale unless specifically written into the listing and Offer to Purchase.

Think of chattels as the “extras” that make a home more functional or convenient but aren’t fixed parts of the property.

Chattels in a Home

  • Kitchen appliances such as a fridge, stove, washer, and dryer

  • Window coverings like blinds or curtains

  • Portable air conditioning units

  • Light fixtures that are not hardwired

Chattels in the Yard

  • Patio furniture

  • BBQs or firepits (if not built in)

  • Portable sheds or greenhouses

  • Lawn equipment like a snow blower or lawnmower

Chattels in the Garage

  • Workbenches or shelving that isn’t permanently bolted down

  • Tool sets and storage units

  • Freezers or secondary refrigerators

What is a Fixture?

Anything that is permanently fixed to the home is considered part of the property, these are called fixtures. These stay with the home automatically, unless the seller specifically excludes them in the Offer to Purchase.

For example,

  • A built-in dishwasher is a fixture, while a portable dishwasher is a chattel.

  • A mounted light fixture is a fixture, while a plug-in lamp is a chattel.

  • A built-in fireplace is a fixture, while a portable electric fireplace is a chattel.

  • Built in cabinets are a fixture, while a portable kitchen island is a chattel.

 Examples Comparing a Chattel to a Fixture

Pools

  • Above-ground pool (movable) - Often considered a chattel.

  • In-ground pool - Considered a fixture since it’s permanently built into the property.

A Portable Play Structure - Chattel

Play Structures

  • Portable play structures (like plastic slides, swing sets, or wooden playhouses that can be moved) are considered chattels.

  • Large, anchored structures (cemented into the ground or bolted in) are usually treated as fixtures because removing them would damage the yard.

Yard Fountains

  • Freestanding fountains (just set on the ground or plugged in) are Chattels, since they can be moved easily.

  • Built-in fountains (wired into the landscaping, plumbing, or cemented in place) are Fixtures, as they’re part of the property.


Why Chattels Matter in Real Estate

  • For sellers - Be clear about what you’re including in the sale. If you’re planning to take certain appliances or outdoor items, exclude them in your listing or disclosure.

  • For buyers - Don’t assume chattels come with the home. If you want the fridge, patio set, or garage freezer, make sure it’s included in the Offer to Purchase.

Chattels In the Property Listing (MLS®)

When a seller lists their home, they (with their REALTOR®) decide which chattels will be included with the sale. These will be in the public remarks on the MLS® listing and anything not listed is assumed to not be included.

  • Common examples - appliances (fridge, stove, dishwasher, washer, dryer), blinds, curtains, garage door opener remotes, sheds, play structures, or yard fountains.

  • The listing might say something such as, “Includes fridge, stove, washer, dryer, and window coverings.”

Blinds are often an Included Chattel

Chattels In the Offer to Purchase

When a buyer writes an offer, there’s a specific section in the standard Offer to Purchase form (used in Manitoba) where you list the chattels you expect to come with the home.

  • Example - “Included chattels: fridge, stove, dishwasher, washer, dryer, blinds, shed, play structure.”

  • If a chattel is not specifically written into the Offer to Purchase, it may not legally transfer with the property — even if it was shown in photos or during showings. 

    • Negotiation point - Sometimes buyers ask for additional chattels (like furniture or lawn equipment) to be included. These must be written clearly into the Offer to Purchase.

This matters because misunderstandings about what stays and what goes can lead to disputes at possession. By clearly stating all included chattels in the listing and Offer to Purchase, both buyers and sellers protect themselves.

Should a Seller Leave Chattels If They’re Not in the Offer to Purchase?

The simple answer is no, a seller is not obligated to leave any chattels (like appliances, play structures, or furniture) unless they are specifically written into the Offer to Purchase.

  • If a chattel isn’t listed in the Offer to Purchase, it’s legally assumed to be excluded.

  • Even if the chattel appeared in listing photos or during showings, the buyer only has a right to it if it’s written in the contract.

That said, some sellers choose to leave behind certain items (like an extra fridge in the garage or yard equipment) as a gesture of goodwill. When that happens, it’s best to communicate clearly with the buyer through their REALTOR® to avoid misunderstandings.

If as a seller you intend to leave something, or as a buyer want something included, always have it written into the Offer to Purchase.

Chattels can add real value to a property, but only if both sides agree on what’s included. Whether it’s an appliance in the kitchen, patio furniture in the backyard, or a tool bench in the garage, clarity is key. Always refer to the Offer to Purchase to ensure there are no surprises on possession day.

 

Tara Zacharias, REALTOR®

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